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Home My WebLink About12-19-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 201 North E Street Virginia Marquez San Bernardino, CA 92401 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill MINUTES JOINT REGULAR MEETING MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO WEDNESDAY, DECEMBER 19, 2018 STURGES AUDITORIUM The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Davis at 5:07 PM, Wednesday, December 19, 2018, in the Auditorium at Sturges Center, 780 North E Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 5:00 PM Benito Barrios Council Member, Ward 2 Present 5:25 PM John Valdivia Council Member, Ward 3 Present 5:00 PM Fred Shorett Council Member, Ward 4 Present 5:00 PM Henry Nickel Council Member, Ward 5 Present 5:00 PM Bessine L. Richard Council Member, Ward 6 Present 5:00 PM James Mulvihill Council Member, Ward 7 Present 5:00 PM Georgeann "Gigi" Hanna City Clerk Present 5:00 PM Gary D. Saenz City Attorney Present 5:00 PM Andrea Miller City Manager Present 5:00 PM Invocation and Pledge of Allegiance Domenick Rodriguez, fifth grade student from Norton Space Academy led the Pledge of Allegiance. Don Roth from the Rock Church led the invocation. Mayor and City Council of the City of San Bernardino Page 1 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 Canvass of Election 1. Certification of Election Results Approved Motion: Adopt the resolution. Reso. 2018-330 Resolution of the Mayor and City Council of the City of San Bernardino, California, reciting the fact of the General Municipal Election held on November 6, 2018 declaring the result and such other matters as provided by law. RESULT: ADOPTED \[6 TO 0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 2. Installation of Mayor and New Council Members Clerk Hanna administered the Oath of Office to Theodor Sanchez, Council Member, Ward 1. Gil Navarro administered the Oath of Office to Sandra Ibarra, Council Member, Ward 2. Retired Judge Patrick Morris administered the Oath of Office to Fred Shorett, Council Member, Ward 4. Judge John M. Pacheco administered the Oath of Office to John Valdivia, Mayor. Updated Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:40 PM Sandra Ibarra Council Member, Ward 2 Present 5:40 PM Fred Shorett Council Member, Ward 4 Present 5:00 PM Henry Nickel Council Member, Ward 5 Present 5:00 PM Bessine L. Richard Council Member, Ward 6 Present 5:00 PM James Mulvihill Council Member, Ward 7 Present 5:00 PM John Valdivia Mayor Present 5:00 PM Georgeann "Gigi" Hanna City Clerk Present 5:00 PM Gary D. Saenz City Attorney Present 5:00 PM Andrea Miller City Manager Present 5:00 PM The Mayor and City Council took a break for refreshments from 5:44 p.m. to 6:30 p.m. Mayor and City Council of the City of San Bernardino Page 2 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 3. Election of Mayor Pro Tempore Approved Motion: Elect Bessine Richard to serve as Mayor Pro Tempore until the second regularly scheduled City Council meeting in December 2019. RESULT: ADOPTED \[5 TO 1\] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Nickel, Richard, Mulvihill NAYS: Fred Shorett Presentations 4. Chamber of Commerce & Local Elected Officials Announcements Judi Penman announced that the Chamber of Commerce would reopen for regular business on January 2, 2019. Gary Young, from West Valley Water District, provided certificates of recognition to the mayor and new council members. Assemblywoman Eloise Reyes’ office also provided certificates of recognition for the new council and Mayor. Public Comments for Items Listed and Not Listed on the Agenda Greg and Angie, of San Bernardino, spoke about their experiences working with homeless in San Bernardino and the $100,000 lien they currently have on their property. Patricia Sacks, San Berardnino, spoke about musical programs for senior citizens. Robert Porter, San Bernardino, said he is happy that cannabis has been brought to the forefront. He also thanked outgoing council members. Karmel Roe, San Bernardino, congratulated the new council members and mayor. Luis Ojeda, San Bernardino, spoke abut his group “We are the Change” and in support of item 25 on the agenda Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 5 through 24 have the same vote, unless it is indicated that the item was pulled for further discussion. Item 12 was pulled by Council Members Ibarra and Sanchez. Item 16 and 17 were also pulled by Council Member Sanchez. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 3 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 5. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated December 19, 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 6. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for November 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meetings of October 17, 2018 and November 21, 2018 and Special Meeting of November 15, 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 8. Agreement with Infrastructure Engineers for the Preparation of Plans, Specifications, and Estimate for ATP Cycle 2 - Safe Routes to School Project at 3 Locations (SS17-001) and Amendment of the FY 2018/19 Operating Budget Approved Motion: Adopt the resolution. Reso. 2018-315 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers for preparation of Plans, Specifications & Estimate for ATP Cycle 2 - Safe Routes to School Project at Mayor and City Council of the City of San Bernardino Page 4 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 3 Locations (SS17-001) and amending the FY 2018/19 Adopted Budget. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 9. Adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for “H” Street Widening from Kendall Drive to 40Th Street Approved Motion: Adopt the resolution. Reso. 2018-316 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program (MMRP), and authorizing the Director of Community Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for “H” Street th Widening from Kendall Drive to 40 Street (SS04-052). RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 10. Agreement with Overland Pacific Cutler, LLC to Perform All Right-Of-Way (R/W) Functions that Are Necessary to Obtain R/W Clearance from Caltrans for the 2Nd Street Bridge Replacement at Warm Creek Approved Motion: Adopt the resolution. Reso. 2018-317 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an Agreement with Overland Pacific Cutler, LLC to perform all Right-of-Way (R/W) functions that are necessary to obtain R/W Clearance nd from Caltrans for the 2 Street Bridge Replacement at Warm Creek (SS13-001). RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 5 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 11. Second Amendment of the Professional Services Agreement with the State of California, Office of Administrative Hearings for Hearing Officer Services Approved Motion: Authorize the City Manager to execute a Second Amendment to the Agreement with the State of California, Department of General Services, Office of Administrative Hearings for hearing officer services, increasing the total amount of the agreement by $50,000, and authorizing the Director of Finance to increase the Purchase Order to a total not to exceed $245,710. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 12. First Amendment to Legal Services Agreement with Jones & Mayer to Provide Legal Services for Code Enforcement and Prosecution Services Speaker Karmel Roe Approved Motion: Continue to January 2, 2019. RESULT: ADOPTED \[4 TO 2\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Theodore Sanchez, Sandra Ibarra, Henry Nickel, Bessine L. Richard NAYS: Fred Shorett, James Mulvihill 13. Amended and Restated Professional Services Agreement with Cole Huber, LLC to Provide Legal Services Relating to Various Litigation Matters Speaker Karmel Roe Approved Motion: Authorize the City Manager to execute an Amended and Restated Professional Services Agreement between Cole Huber, LLC and the City of San Bernardino to provide legal services relating to a variety of litigation matters. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 6 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 14. Adopt a Resolution Establishing All-Way STOP Control at the Intersection of Northpark Boulevard and Ash Street Approved Motion: Adopt the resolution. Reso. 2018-318 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersection of Northpark Boulevard and Ash Street. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 15. Cooperative Agreement with the County of San Bernardino for Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue Approved Motion: Adopt the resolution. Reso. 2018-319 Resolution Adopt Resolution No. 2018-319 of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the County of San Bernardino for Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (SS19-001). RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 7 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 16. Agreement with Z&K Consultants, Inc. and Infrastructure Engineers to Provide Construction Inspector Services Approved Motion: Continue to January 2, 2019. RESULT: ADOPTED \[4-2\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Nickel, Richard NOES: Shorett, Mulvihill 17. Amendment No. 2 to Consulting Services Agreement with Moore Lacofano Goltsman, Inc. for Signage Regulations Approved Motion: Continue to January 2, 2019. RESULT: ADOPTED \[4-2\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Nickel, Richard NOES: Shorett, Mulvihill 18. Final Reading and Adoption of Ordinance No. MC-1510 Amending Chapter 2.03 to Title 2 of the Municipal Code, Establishing Procedures for Filling Mayor Vacancies Approved Motion: Adopt the ordinance. MC-1510 Ordinance No. MC-1510 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.03 to Title 2 of the San Bernardino Municipal Code, Establishing Procedures for Filling Mayor Vacancies. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 8 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 19. October 2018 City Board, Commission, and Citizen Advisory Committee Agendas and Minutes Approved Motion: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings that took place in October 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 20. Property Exchange Agreement Between the City and ACAA LP Approved Motion: Adopt the resolution. Reso. 2018-324 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Real Property Exchange Agreement between the City and ACAA LP, and authorizing the City Manager to execute the agreement. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 21. Finance Department Reorganization Approved Motion: Adopt the resolution. Reso. 2018-327 Resolution of the Mayor and City Council of the City of San Bernardino, California, reclassifying positions within the Finance Department; amending and approving classifications and job descriptions; amending the full-time salary schedule adopted by Resolution No. 2018-181; and amending the Fiscal Year 2018/19 Budget. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 9 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 22. State Library Internet Grant Funding Appropriation Approved Motion: Accept a $15,000 grant award from the California State Library (CSL) for monthly internet, firewall hardware purchase, and firewall set up and technical support and authorize the Director of Finance to amend the FY2018-19 Budget to appropriate the funding for this purpose. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 23. Side Letter Agreement to the Memorandum of Understanding (MOU) Between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA) Approved Motion: Adopt the resolution. Reso. 2018-287 Resolution of the Mayor and City Council of the City of San Bernardino, California, adding a side letter agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino Police Officers Association (SBPOA) to include Article III - Compensation: Section 9 - Assistant Watch Commander. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 10 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 24. Maddy Act (Local Appointments List) Approved Motion: Adopt the resolution. Reso. 2018-329 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the local appointments list and designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (the Maddy Act) and directing that the list be posted to the City’s Internet website. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Staff Reports 25. SB/Breezeway Arts Block - Creative Placemaking Grant Speakers Luis Ojeda Andres Garcia Nick Cataldo Dorothy Garcia David Friedman Ana Cervantes Andrew Thompson Samiyyah Thomas Robert Jacka Jorge Heredia Approved Motion: Authorize the City Manager to execute all required documentation on behalf of the City in support of the application being filed by University Enterprise Corporation representing the SB/Breezeway Arts Block collaborative; and Authorize the Director of Finance to amend the FY 2018/19 Operating Budget by an amount not to exceed $45,000 in the Cultural Development Construction Fee Fund and authorize the use of existing resources in an amount not to exceed $30,000 as an in-kind match. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 11 Printed 1/2/2019 Joint Regular Meeting Minutes December 19, 2018 26. Special Municipal Election 2019 No action was taken on this item. Public Hearing 27. Development Permit Type-P 18-01 – Arrowhead Avenue Adaptive Reuse Mayor Valdivia opened the public hearing and Clerk Hanna swore in those to speak on the item. Community Development employee Chantal Powers spoke about the project and City Manager Miller said that previous CEQA questions had been addressed . Speakers John Matley, opposed Jeff Howlie, applicant Approved Motion: Adopt the resolution adding an on-site manager as condition of approval. Reso. 2018-261 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type- P 18-01 to allow the conversion of an existing two-story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APN: 0145-132-27) within the Commercial Office (CO) Zone and Adaptive Reuse (AR) Overlay; and finding the project subject to a Categorical Exempt under the California Environmental Quality Act. Adjournment The meeting adjourned at 9:04 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 4:00 p.m., Wednesday, January 2, 2019, in the Council Chamber at 201 North “E” Street, San Bernardino, California. By: __________________________ Georgeann “Gigi” Hanna, MMC City Clerk Mayor and City Council of the City of San Bernardino Page 12 Printed 1/2/2019